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Difference between Legislative Assembly and Legislative Council – Indian polity Notes

Legislative Assembly and Legislative Council are the two chambers of the State legislature. The Legislative Assembly is the lower house of the state legislature equivalent to Lok Sabha. On the other hand, an administrative board is known as the Legislative council or Vidhan Parishad, which functions as the upper house of State equivalent to Rajya sabha. It is not required for the state to have an administrative chamber. Learn more about both of them, as well as the differences between the Legislative Assembly and the Legislative Council which is important for Prelims 2023 preparation and UPSC Mains 2023 as well.

Legislative Assembly

What Is The Legislative Assembly?

  • Article 170 of the Indian Constitution specifies the composition of the Legislative Assembly.
  • The legislative assembly provides a platform for members of the Legislative Assembly from both the ruling and opposition parties to convene and debate various issues. 
  • The Legislative Assembly, or Vidhan Sabha as it is more often known, is the popular house of the State Legislature that represents the people of the state. 
  • Members of the Legislative Assembly (MLA) are elected directly by the people through elections by adults known as voters, in accordance with the universal adult franchise principle. 
  • During elections, the state is divided into a number of constituencies, with one member elected from each constituency.
Legislative Council

What Is The Legislative Council?

  • Article 171 of the Indian Constitution establishes the Legislative Councils.
  • The Legislative Council, also known as Vidhan Parishad, is a permanent body that acts at the state level, whereas the Rajya Sabha operates at the national level. Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh, Telangana, and Jammu & Kashmir are the only states in India where it is found.
  • Any state's Legislative Council must have no more than one-third of the entire strength of the State Assembly and no fewer than 40 members, according to the Constitution.
  • The Legislative Council, like the Rajya Sabha, is a permanent chamber.
  • Members of the Legislative Council (MLC) have a six-year term, with one-third of them retiring every two years.
  • Parliament has the ability to create and abolish Legislative Councils under Article 169 of the Indian Constitution
Difference between

Difference Between Legislative Assembly (Vidhan Sabha) And Legislative Council (Vidhan Parishad)

Legislative Assembly (Vidhan Sabha) Legislative Council (Vidhan Parishad)

The lower house of the State Legislature is known as the Legislative Assembly.

The Legislative Council is the State Legislature's upper house.

Election: The method of electing members of the Legislative Assembly is via direct election.

Election: The method of electing members of the Legislative Council is known as indirect election.

The people elect members of the Legislative Assembly directly.

Members of the Legislative Council are chosen by the state legislature, municipal governments, and other entities.

Tenure: Members of the Legislative Assembly are elected for a five-year tenure.

Tenure: Like the Rajya Sabha, the Legislative Council is a permanent chamber.

Members of the Legislative Council are chosen for a six-year tenure.

Leader of the house: The Speaker is the Legislative Assembly's presiding officer.

Leader of the house: The presiding officer of the Legislative Council is the Chairman.

Age cap: The Legislative Assembly has a minimum membership age of 25 years.

Age cap: Legislative Council members must be at least 30 years old.

Composition: According to Article 170 of the Indian Constitution.

Composition: According to Article 171 of the Indian Constitution. 

Strength: The maximum number of members is 500, with a minimum of 60.

Strength: The number of members should equal one-third of the Legislative Assembly's total membership. The number of members should not be less than 40.

Presence: India has a Legislative Assembly in each state.

Presence: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh are the only states in India with a Legislative Council.

Conclusion

Conclusion

Bicameralism is the norm in Indian democracy, both at the national and state levels. States, however, are granted total autonomy to choose between bicameralism and unicameralism. There are just six bicameral Indian states; the others have unicameral legislatures. All union territories have unicameral legislatures, with the exception of those that are directly under the control of the Union Government. As such, state legislatures consist of a legislative council and an assembly (in case of bicameralism). The legislative assembly is endowed with vast powers, whilst the legislative council is regarded to have little authority.

FAQs

FAQs

Question: What is the difference between the Legislative Assembly and Legislative Council?

Answer: The Legislative Assembly (Vidhan Sabha) is the lower house of the state legislature, whereas the Legislative Council (Vidhan Parishad) is the upper house, present only in a few states. The Assembly is directly elected by the people, while the Council is partially elected and partially nominated.

Question: How many states in India have a Legislative Council?

Answer: Currently, six states in India have a Legislative Council: Andhra Pradesh, Karnataka, Maharashtra, Telangana, Uttar Pradesh, and Bihar.

Question: What are the powers of the Legislative Assembly?

Answer: The Legislative Assembly holds more significant powers compared to the Legislative Council. It has the authority to make laws, pass budgets, and approve or reject money bills. It also plays a crucial role in electing the government of the state.

Question: Can the Legislative Council block a bill passed by the Legislative Assembly?

Answer: No, the Legislative Council cannot permanently block a bill passed by the Assembly. It can only delay the bill for a maximum of four months, after which the Assembly can pass the bill again, making it law.

Question: How is the Legislative Council different from the Rajya Sabha?

Answer: While both the Legislative Council and the Rajya Sabha are upper houses, the Legislative Council operates at the state level, and the Rajya Sabha functions at the national level. Additionally, the creation and abolition of a Legislative Council depend on the state legislature, while the Rajya Sabha is a permanent body at the national level.

MCQs

1. How many states in India currently have a Legislative Council?

A. 5
B. 6
C. 7
D. 8

Answer: (B) See the Explanation

Six states in India currently have a Legislative Council: Andhra Pradesh, Karnataka, Maharashtra, Telangana, Uttar Pradesh, and Bihar. Legislative Councils are optional and can be created or abolished by a state legislature with the approval of Parliament.

2. Which of the following is the term length for members of the Legislative Assembly?

A. 4 years
B. 5 years
C. 6 years
D. 3 years

Answer: (B) See the Explanation

Members of the Legislative Assembly are elected for a term of five years. However, the Assembly may be dissolved earlier if required.

3. What is the maximum duration for which the Legislative Council can delay a bill passed by the Assembly?

A. 3 months
B. 6 months
C. 4 months
D. 2 months

Answer: (C) See the Explanation

The Legislative Council can delay a bill passed by the Assembly for a maximum of four months (two readings). After this period, the Assembly can pass the bill again, making it law.

4. How are members of the Legislative Council chosen?

A. Direct election
B. Indirect election and nomination
C. Nomination by the Governor
D. Election by the Judiciary

Answer: (B) See the Explanation

Members of the Legislative Council are chosen through a combination of indirect elections and nominations. Members are elected by graduates, teachers, local authority representatives, and members of the Legislative Assembly. The Governor also nominates a few members.

5. Which of the following powers is exclusive to the Legislative Assembly?

A. Passing money bills
B. Amending the Constitution
C. Impeaching the President
D. Passing resolutions for the creation of new states

Answer: (A) See the Explanation

Only the Legislative Assembly has the power to pass money bills. The Legislative Council can only suggest amendments but cannot reject a money bill.

GS Mains Questions and Model Answers

1. Compare the powers and functions of the Legislative Assembly and Legislative Council in the Indian state legislature.

Answer: The Legislative Assembly (Vidhan Sabha) is the primary legislative body of the state, with the power to make laws, pass the budget, and approve money bills. It directly represents the people and can form or dissolve the state government. The Legislative Council (Vidhan Parishad) acts as the upper house and provides a forum for wider discussion. However, its powers are limited, and it cannot reject or amend money bills. While both houses contribute to the legislative process, the Assembly holds more substantial legislative authority.

2. Discuss the rationale behind having a bicameral legislature at the state level in India.

Answer: A bicameral legislature at the state level, consisting of the Legislative Assembly and Legislative Council, allows for more thorough scrutiny of legislation. The presence of a second chamber provides a system of checks and balances, ensuring that laws passed by the lower house are reviewed by a more diverse set of representatives. This structure also allows for representation of different sections of society, including professionals, educators, and local authorities, through indirect elections. However, not all states have bicameral legislatures, and many believe that Legislative Councils add unnecessary delays to the legislative process.

3. Analyze the role of the Legislative Assembly in shaping state policies and governance in India.

Answer: The Legislative Assembly plays a crucial role in shaping state policies and governance. As the directly elected body, it represents the voice of the people and holds the executive accountable. It approves laws, passes budgets, and debates issues of public importance. The Assembly also has the power to create, amend, or repeal laws that directly impact the state's governance. Through its control over money bills and its ability to form and dissolve governments, the Legislative Assembly is central to the functioning of state-level democracy in India.

Previous Year Questions on Legislative Assembly and Legislative Council

1. UPSC CSE Prelims 2020

Question: Which of the following states does not have a Legislative Council?
A. Bihar
B. Maharashtra
C. Kerala
D. Karnataka

Answer: C

Explanation: Kerala does not have a Legislative Council. While Bihar, Maharashtra, and Karnataka have bicameral legislatures, Kerala has only a Legislative Assembly.

2. UPSC CSE Mains 2019 (GS Paper 2)

Question: "The presence of a second chamber in the state legislature ensures better scrutiny of legislation." Critically examine this statement in the context of Legislative Councils in India.

Answer: The Legislative Council, as the second chamber in the state legislature, allows for a more detailed examination of bills passed by the Legislative Assembly. Its members represent various interest groups, and their expertise can contribute to more informed legislative decisions. However, the Council has limited powers and cannot reject money bills or amend them significantly. Critics argue that the Legislative Council slows down the legislative process and is redundant in many cases, as the Assembly holds most of the legislative power.

*The article might have information for the previous academic years, please refer the official website of the exam.
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